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Miami Immigration & Naturalization Law Blog

Who is liable for illness due to toxic exposure in the workplace?

When a Florida resident suffers injury or illness due to a toxic exposure, it is essential to identify who is legally responsible. Toxic exposure can occur just about anywhere. A significant number of cases arise in the workplace, when employees are exposed to dangerous industrial chemicals, cleaning solvents and other substances.

When the exposure occurs in the workplace, the victim will often blame the employer. In most circumstances, however, the employee's only recourse against the employer will be through Florida's workers' compensation system. The advantage of a workers' compensation claim is that the worker is not required to prove negligence or fault on the part of the employer. The disadvantage is that the compensation recoverable is quite limited.

Legal help for those seeking U.S. citizenship

For those in Florida who hope to become U.S. citizens, the naturalization process can appear mysterious and daunting. An applicant may be unsure if he or she is eligible for citizenship, and the forms and paperwork can be confusing. And some will wonder if something in their past, like an old criminal conviction, will dash their hopes.

At the law firm of Kurzban Kurzban Weinger Tetzeli & Pratt P.A., our immigration lawyers have decades of experience helping people with every aspect of immigration law, including citizenship. We can help an applicant navigate every stage of the naturalization process, from determining eligibility, to filing the necessary paperwork, through the citizenship interview and tests. We do everything possible to make the process as smooth and uncomplicated as we can for our clients.

41-year-old man, an immigrant to U.S. at age 3, faces deportation

Many immigrants to the United States, including many in the Miami area, came here as children or infants. Some were brought by their parents, and some were adopted from overseas by U.S. couples. These children have attended American schools, made friends in America, grown up in America and started careers here. Many of them have no memory at all of their original homelands. Any some of them may be unaware that they are not U.S. citizens.

Under current U.S. immigration law, a situation like this has the potential to become tragic. Such a tragedy is playing out right now in the case of a 41-year-old man who has lived in the United States since his Korean mother put him up for adoption at age three. He was adopted by a U.S. couple who abused and abandoned him. When he tried to break into the home of his adoptive parents to take some of his belongings, he was arrested and convicted of burglary. Later in life he was convicted of assault and unlawful possession of a gun.

Cyclist killed by hit-and-run driver in Pompano Beach

Bicycling as a means of getting around has been increasing in popularity in recent years. But as more bicyclists share busy roads with automobiles, fatal accidents become more likely. One such tragedy took place recently in the Miami area.

According to the Broward Sheriff's Office, the fatal accident occurred at about 1:00 a.m on Southwest Third Street in Pompano Beach. The 40-year-old victim was heading west on Third Street on his bike. As he crossed the Interstate 95 overpass, he was rear-ended by a car. Witnesses said the car stopped next to the victim before driving away.

Naturalization: the process of becoming a U.S. citizen

For many immigrants in Florida, citizenship is one of their ultimate goals. In order to become a U.S. citizen, a foreign national must meet certain qualifications. If those are met, he or she is eligible to go through the legal process of becoming a citizen, known as naturalization.

To be eligible for naturalized citizenship, an applicant must be at least 18-years-old and have permanent resident status, that is, have a green card. The applicant must also have been a resident of the United States and physically present in the country for a period of at least five years. There are some exceptions to the residency requirement for trips outside the U.S. Finally, the applicant must have good moral character.

What is the current status of DACA under US immigration law?

In 2012, President Obama signed an executive order creating a program known as Deferred Action for Childhood Arrivals. Under DACA, people who were brought to the U.S. as children and who are undocumented can seek deferred action protecting them from deportation. Those who qualify for DACA can also seek work authorization. DACA does not, however, confer legal status.

Now many of those who sought and obtained temporary relief under DACA, including many people in Florida, are living in fear of deportation and separation from family members. Many immigrants who applied for the DACA program are fearful that the information they submitted will now be used to track them down and deport them.

Study debunks illegal immigration myth

By the time this post is published election day will have come and gone. It was an election in which illegal immigration was a major issue, and the issue is unlikely to go away now that the votes are in. But, a recent study debunks one widely believed falsehood behind much of the campaign rhetoric -- the myth that illegal immigrants are taking jobs in the U.S. that would otherwise go to American citizens.

The study, conducted by the Pew Research Center and based on an analysis of U.S. Census Bureau data, found no evidence that undocumented immigrants are taking employment opportunities from American workers.

When is a carmaker liable for an automobile design defect?

Under Florida law, when a person is injured in a car accident caused by a negligent driver they have the right to seek compensation in a personal injury lawsuit. But sometimes the injuries in a crash are made significantly worse by an unsafe automobile design. In these situations, the injured victim has the right to bring a products liability lawsuit against the carmaker.

The central concept in automobile design defect cases is a concept known as crashworthiness. This refers to how well the vehicle protects occupants when a collision occurs. During a collision the people inside the car can be violently thrown about by the rapid deceleration forces, and may strike portions of the car's interior. This is often referred to as the "second collision." A well-designed car will restrain the occupants and spread the forces of deceleration over a longer time and a greater distance. Design features that are intended to reduce injury when a collision occurs include airbags, seat belts and crumple zones.

In deportation proceedings, an aggressive defense is key

For many immigrants in Florida, there may be no greater fear than that of being deported. Deportation can mean separation from family and an involuntary return to a war- or crime-torn homeland. It means the end of a dream of building a new life in the United States.

Deportation proceedings can be initiated if the government believes an immigrant has committed a crime or violated immigration laws. Fortunately, the immigrant facing these proceedings has the right to fight deportation and the right to an attorney.

How do I get a U.S. visa?

For anyone wishing to travel to the United States, whether to settle permanently or for a visit, the first step is obtaining a U.S. visa. A visa is a legal document which allows a foreign national to travel to a U.S. port of entry. For most travelers this will be an airport in the U.S. For those entering the U.S. through Florida, several ports of entry are available.

The visa application process generally takes a few weeks, but sometimes it takes longer, so it is a good idea to begin the application process as soon as you decide to travel to the U.S.

Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

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